Opinion
520096
08-06-2015
In the Matter of Albert HARRIOTT, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.
Albert Harriott, Elmira, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondents.
Albert Harriott, Elmira, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondents.
Opinion
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Corrections and Community Supervision which found petitioner guilty of violating a prison disciplinary rule.
After a sample of his urine twice tested positive for the presence of cannabinoids, petitioner was charged in a misbehavior report with drug use. He was found guilty of the charge following a tier III disciplinary hearing, and the determination was affirmed on administrative appeal. Petitioner thereafter commenced this CPLR article 78 proceeding.We confirm. The misbehavior report, hearing testimony of its author and positive urinalysis test results provide substantial evidence to support the determination of guilt (see Matter of Epps v. Prack, 127 A.D.3d 1477, 1477, 5 N.Y.S.3d 922 [2015] ; Matter of Bussey v. Commissioner of Corr. & Community Supervision, 120 A.D.3d 1471, 1472, 991 N.Y.S.2d 913 [2014] ). Petitioner's claim that the report was written in retaliation for prior grievances and lawsuits that he had filed presented a credibility issue for the Hearing Officer to resolve (see Matter of Donah v. Prack, 127 A.D.3d 1538, 1538, 6 N.Y.S.3d 332 [2015] ; Matter of Guillory v. Annucci, 125 A.D.3d 1024, 1024–1025, 1 N.Y.S.3d 581 [2015], lv. denied 25 N.Y.3d 905, 2015 WL 2105654 [2015] ).
Finally, petitioner challenges the denial of a request for certain documents that he made pursuant to the Freedom of Information Law (see Public Officers Law art. 6). Inasmuch as there is no indication in the record that petitioner has exhausted his administration remedies with respect thereto, our review of the issue is precluded (see Matter of White v. State of New York, 117 A.D.3d 1250, 1250–1251, 984 N.Y.S.2d 889 [2014] ). Petitioner's remaining claims have been reviewed and found to be lacking in merit.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.
PETERS, P.J., McCARTHY, LYNCH and DEVINE, JJ., concur.